Author Topic: Dunham's. (Read 21592 times)

casper · « **on:** February 23, 2014, 08:25:15 PM »

I was at Dunham's in the West shore mall and the guy behind the counter said he saw the security guard telling a guy he had to leave if he was OC'ing. If Dunham's says it's ok, do you have to abide by the mall guards demands ?

TheQ · « **Reply #1 on:** February 23, 2014, 08:49:31 PM »

Who owns the property?

Does the lease allow the leasee to override the policies of the property holder in regards to Firearms?

casper · « **Reply #2 on:** February 24, 2014, 02:48:03 PM »

I went in and talked to a manager and he told me it doesn't matter what the guard says. He told me to tell him to have a nice day.

linux203 · « **Reply #3 on:** February 24, 2014, 06:43:43 PM »

It does matter based on the answers to Q's questions.

Let's play this out.....

Guard tells you to leave.
Manager says you can stay.
Guard calls police.
Guard tells police you aren't allowed on the property with a firearm.
Manager tells police you were told you can stay.
Police ticket you for trespassing.

Your problem now.

Jeff · « **Reply #4 on:** February 24, 2014, 07:25:13 PM »

Quote from: linux203 on February 24, 2014, 06:43:43 PM

It does matter based on the answers to Q's questions.

Let's play this out.....

Guard tells you to leave.
Manager says you can stay.
Guard calls police.
Guard tells police you aren't allowed on the property with a firearm.
Manager tells police you were told you can stay.
Police ticket you for CRIMINAL trespassing.

Your problem now.

Raggs · « **Reply #5 on:** February 24, 2014, 08:26:54 PM »

Quote from: linux203 on February 24, 2014, 06:43:43 PM

It does matter based on the answers to Q's questions.

Let's play this out.....

Guard tells you to leave.
Manager says you can stay.
Guard calls police.
Guard tells police you aren't allowed on the property with a firearm.
Manager tells police you were told you can stay.
Police ticket you for trespassing.

Your problem now.

If the same Manager is even working.

casper · « **Reply #6 on:** February 24, 2014, 09:09:17 PM »

The manager said they own that store and they make the rules pertaining to open carry there. He said they welcome open carry. If he is wrong, where would I go to find out who I must comply with ? The mall or Dunham's ?

Raggs · « **Reply #7 on:** February 24, 2014, 09:25:41 PM »

The mall itself has a no weapon policy, if dunhams rents from the mall which I would suspect I would think they would be under the mall rules.

gryphon · « **Reply #8 on:** February 24, 2014, 09:35:28 PM »

If push came to shove (and it probably wouldn't, but if it did) it would depend on the lease the store had with the mall, and also whether all provisions of the lease were enforceable. For example, my understanding is that typically stores must comply with certain requirements made by the mall owners, such as minimum open hours, etc. Whether or not there is a firearms provision in the lease, it's possible that neither the manager nor the mall cops would know. And if there is, it may not even be enforceable.

Just because a mall has a no firearms policy doesn't mean it extends to the stores themselves. Obviously they allow Dunhams to sell guns, and it is my guess that they also allow customers to walk around with guns newly purchased from Dunhams, too.

Probably need an attorney familiar with tenancy laws and a copy of the lease to answer the question fully.

Jeff · « **Reply #9 on:** February 24, 2014, 11:13:52 PM »

I can't see a big store that sells firearms do so if they had to follow a no guns policy. I would personally have an issue being attached to a mall that said people can't have firearms in it knowing that I am selling firearms. I guess I doubt that Dunhams would have it written into their contract that they are not allowed to have people in there with firearms. But who knows, when profit is the driving force morals won't matter.

Raggs · « **Reply #10 on:** February 25, 2014, 07:21:59 AM »

Quote from: Jeff on February 24, 2014, 11:13:52 PM

I can't see a big store that sells firearms do so if they had to follow a no guns policy. I would personally have an issue being attached to a mall that said people can't have firearms in it knowing that I am selling firearms. I guess I doubt that Dunhams would have it written into their contract that they are not allowed to have people in there with firearms. But who knows, when profit is the driving force morals won't matter.

I personally would carry and possibly leave when asked, never really know how I will react to something before hand. I doubt however that a manager would know the contract language between the Dunhams Corp and the Mall, except some of what Gryphon pointed out, minimum hours. I would suspect that there would be something about Dunham's following mall rules, but who knows.
I think if cops were called by security they would come and ticket the OCer or make the OCer leave.

Jeff · « **Reply #11 on:** February 25, 2014, 11:23:23 AM »

Quote from: Raggs on February 25, 2014, 07:21:59 AM

I think if cops were called by security they would come and ticket the OCer or make the OCer leave.

I'm pretty sure they would arrest him for criminal trespass, if they can arrest someone with a good chance of it sticking they will do it to further their bullying career.

Xpiatio · « **Reply #12 on:** February 25, 2014, 11:39:43 AM »

Quote from: Jeff on February 25, 2014, 11:23:23 AM

I'm pretty sure they would arrest him for criminal trespass, if they can arrest someone with a good chance of it sticking they will do it to further their bullying career.

Perhaps I would give them the benefit of the doubt since there is conflicting policy statements from the store's Manager and the mall's security. I would take it that the police would give the OC'er the opportunity to leave. OR perhaps its this whole "Confusion is a good thing" that people allow.

Jeff · « **Reply #13 on:** February 25, 2014, 12:32:38 PM »

Quote from: Xpiatio on February 25, 2014, 11:39:43 AM

I would take it that the police would give the OC'er the opportunity to leave.

We could only hope the officer's were in a good mood that day.

SD40VE · « **Reply #14 on:** February 25, 2014, 01:01:10 PM »

officers..good day... are you mad?

Jeff · « **Reply #15 on:** February 25, 2014, 01:06:14 PM »

Quote from: SD40VE on February 25, 2014, 01:01:10 PM

officers..good day... are you mad?

lol. HEY officer bro, you mad bro? you a madifcer? cmon bro, you mad? officer Madbro ArestiCuffs, you mad? Nah, Just playing, you mad tho.

"we had to take this guy in, he was clearly on some kind of heavy narcotics, he just kept asking if we were mad and calling us bro"

#1Gunner · « **Reply #16 on:** March 06, 2014, 04:49:25 PM »

Quote from: Raggs on February 24, 2014, 09:25:41 PM

The mall itself has a no weapon policy, if dunhams rents from the mall which I would suspect I would think they would be under the mall rules.

Where do you get that info from? Are you saying all malls or just this particular mall? I OC in twelve Oaks mall all the time and while security often watches me they have never asked me to leave. Sorry if I missed something I wanted to ask.

Raggs · « **Reply #17 on:** March 07, 2014, 09:51:45 AM »

Quote from: #1Gunner on March 06, 2014, 04:49:25 PM

Where do you get that info from? Are you saying all malls or just this particular mall? I OC in twelve Oaks mall all the time and while security often watches me they have never asked me to leave. Sorry if I missed something I wanted to ask.

http://www.shopwestshoremall.com/westshore-mall-code-of-conduct/

Says "Possession of a weapon, even if legally owned, is not allowed, except by law enforcement officers."

Some malls do allow legal carry, not this one.

#1Gunner · « **Reply #18 on:** March 07, 2014, 10:00:06 AM »

Quote from: Raggs on March 07, 2014, 09:51:45 AM

http://www.shopwestshoremall.com/westshore-mall-code-of-conduct/

Says "Possession of a weapon, even if legally owned, is not allowed, except by law enforcement officers."

Some malls do allow legal carry, not this one.

Raggs thanks for sharing this link with me. I will search for the 12 Oaks Mall code of conduct or maybe just keep OC'ing and play like I didnt know and if they ask me to leave I will leave.

Raggs · « **Reply #19 on:** March 07, 2014, 10:08:27 AM »

Quote from: #1Gunner on March 07, 2014, 10:00:06 AM

Raggs thanks for sharing this link with me. I will search for the 12 Oaks Mall code of conduct or maybe just keep OC'ing and play like I didnt know and if they ask me to leave I will leave.

Don't look to hard, I never look at places I actually frequent. If they are posted I walk. If they are not I assume that they are ok with carry, if I am asked to leave, I walk.

News:

Author Topic: Dunham's. (Read 21592 times)